To link to the entire object, paste this link in email, IM or documentTo embed the entire object, paste this HTML in websiteTo link to this page, paste this link in email, IM or documentTo embed this page, paste this HTML in website

Joint Legislative Commission on Land and Water Conservation, report to the 2007 General Assembly of North Carolina

C10
( b) The funds in the Clean Water Management Trust Fund shall be used only in
accordance with this Article.
§ 113A- 254. Grant requirements.
( a) Eligible Applicants. – Any of the following are eligible to apply for a grant from the
Fund for the purpose of protecting and enhancing water quality:
( 1) A State agency.
( 2) A local government unit.
( 3) A nonprofit corporation whose primary purpose is the conservation,
preservation, and restoration of our State's environmental and natural
resources.
( a1) Criteria. – The criteria developed by the Trustees under G. S. 113A- 256 apply to
grants made under this Article. The common criteria for water projects set in G. S. 159G- 23 and
the criteria set out in this section also apply to wastewater collection system projects, wastewater
treatment works projects, and stormwater quality projects. An application for a wastewater
collection system project or a wastewater treatment works project that serves an economically
distressed local government unit has priority.
( b) Matching Requirement. – The Board of Trustees shall establish matching
requirements for grants awarded under this Article. This requirement may be satisfied by the
donation of land to a public or private nonprofit conservation organization as approved by the
Board of Trustees. The Board of Trustees may also waive the requirement to match a grant
pursuant to guidelines adopted by the Board of Trustees.
( c) Restriction. – No grant shall be awarded under this article to satisfy compensatory
mitigation requirements under 33 USC § 1344 or G. S. 143- 214.11.
( d) Wastewater Limits. – A wastewater collection system project or a wastewater
treatment works project is eligible for a grant under this Article only if it is a high- unit- cost
project, as defined in G. S. 159G- 20. A grant made under this Article for a wastewater collection
system project or a wastewater treatment works project is subject to the cost limits and recipient
limits set in G. S. 159G- 36 for a grant awarded from the Wastewater Reserve.
( e) Stormwater Limits. – The amount of a grant awarded under this Article for a
stormwater quality project may not exceed the construction costs of the project. The total
amount of grants awarded under this Article to the same recipient for stormwater quality
projects for a fiscal year may not exceed the limit set in G. S. 159G- 36( c)( 1) for grants to the
same recipient from the Wastewater Reserve.
( f) Withdrawal. – An award of a grant under this Article is withdrawn if the grant
recipient fails to enter into a construction contract for the project within one year after the date
of the award, unless the Trustees find that the applicant has good cause for the failure. If the
Trustees find good cause for a recipient's failure, the Trustees must set a date by which the
recipient must take action or forfeit the grant.
§ 113A- 255. Clean Water Management Trust Fund: Board of Trustees established;
membership qualifications; vacancies; meetings and meeting facilities.
( a) Board of Trustees Established. – There is established the Clean Water Management
Trust Fund Board of Trustees. The Clean Water Management Trust Fund Board of Trustees
shall be administratively located within the Department of Environment and Natural Resources
but shall be independent of the Department.

C10
( b) The funds in the Clean Water Management Trust Fund shall be used only in
accordance with this Article.
§ 113A- 254. Grant requirements.
( a) Eligible Applicants. – Any of the following are eligible to apply for a grant from the
Fund for the purpose of protecting and enhancing water quality:
( 1) A State agency.
( 2) A local government unit.
( 3) A nonprofit corporation whose primary purpose is the conservation,
preservation, and restoration of our State's environmental and natural
resources.
( a1) Criteria. – The criteria developed by the Trustees under G. S. 113A- 256 apply to
grants made under this Article. The common criteria for water projects set in G. S. 159G- 23 and
the criteria set out in this section also apply to wastewater collection system projects, wastewater
treatment works projects, and stormwater quality projects. An application for a wastewater
collection system project or a wastewater treatment works project that serves an economically
distressed local government unit has priority.
( b) Matching Requirement. – The Board of Trustees shall establish matching
requirements for grants awarded under this Article. This requirement may be satisfied by the
donation of land to a public or private nonprofit conservation organization as approved by the
Board of Trustees. The Board of Trustees may also waive the requirement to match a grant
pursuant to guidelines adopted by the Board of Trustees.
( c) Restriction. – No grant shall be awarded under this article to satisfy compensatory
mitigation requirements under 33 USC § 1344 or G. S. 143- 214.11.
( d) Wastewater Limits. – A wastewater collection system project or a wastewater
treatment works project is eligible for a grant under this Article only if it is a high- unit- cost
project, as defined in G. S. 159G- 20. A grant made under this Article for a wastewater collection
system project or a wastewater treatment works project is subject to the cost limits and recipient
limits set in G. S. 159G- 36 for a grant awarded from the Wastewater Reserve.
( e) Stormwater Limits. – The amount of a grant awarded under this Article for a
stormwater quality project may not exceed the construction costs of the project. The total
amount of grants awarded under this Article to the same recipient for stormwater quality
projects for a fiscal year may not exceed the limit set in G. S. 159G- 36( c)( 1) for grants to the
same recipient from the Wastewater Reserve.
( f) Withdrawal. – An award of a grant under this Article is withdrawn if the grant
recipient fails to enter into a construction contract for the project within one year after the date
of the award, unless the Trustees find that the applicant has good cause for the failure. If the
Trustees find good cause for a recipient's failure, the Trustees must set a date by which the
recipient must take action or forfeit the grant.
§ 113A- 255. Clean Water Management Trust Fund: Board of Trustees established;
membership qualifications; vacancies; meetings and meeting facilities.
( a) Board of Trustees Established. – There is established the Clean Water Management
Trust Fund Board of Trustees. The Clean Water Management Trust Fund Board of Trustees
shall be administratively located within the Department of Environment and Natural Resources
but shall be independent of the Department.